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Home My WebLink AboutNCG550866_NOV2022PC0095 & CEI Report - Attempt #2_20221212 Certified Mail # 7022 0410 0002 1249 4035 Return Receipt Requested December 12, 2022 Mendoza Tree Expert Juventino Mendoza Garcia 397 Stamey Mountain Road Franklin, NC 28734 SUBJECT: NOTICE OF VIOLATION Tracking Number: NOV-2022-PC-0095 Permit No. NCG550866 5718 Georgia Rd. Macon County Dear Permittee: The North Carolina Division of Water Resources conducted an inspection of the 5718 Georgia Rd. on March 3, 2022. This inspection was conducted to verify that the facility is operating in compliance with the conditions and limitations specified in NPDES WW Permit No. NCG550866. A summary of the findings and comments noted during the inspection are provided in the enclosed copy of the inspection report. This Notice of Violation and Compliance Evaluation Inspection Report was mailed to 5718 Georgia Road on March 14, 2022, but no response was received. The Compliance Evaluation inspection was conducted by Division of Water Resources staff from the Asheville Regional Office. The following violations were noted during the inspection: Inspection Area Description of Violation _________________________________________________________________________________________________________________________________________________________________________ Septic Tank Septic tank maintenance records were not available during the inspection, and have not been provided since at least 2016. [NCG550000 Part I. D. 3. a.- b. Permit Conditions (Operation, Maintenance & Records) Septic tanks shall be inspected at least yearly to determine if solids must be removed or if other maintenance is necessary. Septic tanks shall be pumped out at least once every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment, whichever is greater.] _________________________________________________________________________________________________________________________________________________________________________ Effluent Pipe The effluent pipe could not be located during the inspection, and has not been located since at least 2016. [NCG550000 Part I. D. 4. Permit Conditions (Operation, Maintenance & Records) All system components, including but not necessarily DocuSign Envelope ID: 14F0B651-64D6-4570-9647-A304C4011AC7 limited to, septic tanks, surface sand filters, other filter components, pump/recirculation tanks, controls and alarms, disinfection units, dechlorination apparatus, and the outfalls shall be maintained at all times and in good operating order.] ________________________________________________________________________________________________________________________________________________________________________ Effluent Sampling Annual effluent sampling results were not available during the inspection, and have not been provided since at least 2016. [NCG550000 Part I. C. Effluent Limitations and Monitoring Requirements (see tables in NCG550000 General Permit).] _________________________________________________________________________________________________________________________________________________________________________ Corrective Measures for the Violations Noted Above: Septic Tank: Provide receipt of septic tank pumping and/or maintenance records to the Asheville Regional Office (ARO). Effluent Pipe: Locate effluent pipe and additional treatment units and submit pictures and a sketch of the layout to ARO. Effluent Sampling: After locating the effluent pipe, sample if effluent pipe is discharging, or document that the pipe is not discharging and submit to ARO. In addition, the issues below must also be addressed: Compliance Issues: 1. The current owner is not listed as the Permittee. Fill out the Change of Ownership form and submit per instructions on the form. 2. The Certificate of Coverage is expired because permit fees are past due – please pay the provided invoices. Remedial actions should have already been taken to correct this problem and prevent further occurrences in the future. The Division of Water Resources may pursue enforcement action for this and any additional violations of State law. To prevent further action, please respond in writing to this office within 30 days upon your receipt of this Notice of Violation regarding your plans or measures to be taken to address the indicated violations and other identified issues, if applicable. DocuSign Envelope ID: 14F0B651-64D6-4570-9647-A304C4011AC7 If you should have any questions, please do not hesitate to contact Lauren Armeni with the Water Quality Regional Operations Section in the Asheville Regional Office at 828-296-4667. Sincerely, Daniel Boss, Assistant Regional Supervisor Water Quality Regional Operations Section Asheville Regional Office Division of Water Resources, NCDEQ ATTACHMENTS: Inspection Report, Change of Ownership Form, Past Due Invoices Ec: Laserfiche DocuSign Envelope ID: 14F0B651-64D6-4570-9647-A304C4011AC7 EPA United States Environmental Protection Agency Washington, D.C. 20460 Water Compliance Inspection Report Form Approved. OMB No. 2040-0057 Approval expires 8-31-98 Section A: National Data System Coding (i.e., PCS) Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type 1 N 52 NCG550866 22/03/03 C S31112171819 20 21 66 Inspection Work Days Facility Self-Monitoring Evaluation Rating B1 QA ----------------------Reserved------------------- N67707172 73 74 75 80 Section B: Facility Data Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include POTW name and NPDES permit Number) 5718 Georgia Rd. 5718 Georgia Rd Franklin NC 28744 Entry Time/Date Permit Effective Date Exit Time/Date Permit Expiration Date 10:00AM 22/03/03 13/08/01 Name(s) of Onsite Representative(s)/Titles(s)/Phone and Fax Number(s) /// Other Facility Data 10:30AM 22/03/03 18/07/31 Name, Address of Responsible Official/Title/Phone and Fax Number Walter L Propst,PO Box 1720 Franklin NC 28734//828-369-2468/Contacted No Section C: Areas Evaluated During Inspection (Check only those areas evaluated) Permit Operations & Maintenance Self-Monitoring Program Facility Site Review Effluent/Receiving Waters Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) (See attachment summary) Name(s) and Signature(s) of Inspector(s)Agency/Office/Phone and Fax Numbers Date Lauren E Armeni DWR/ARO WQ/828-296-4500/ Signature of Management Q A Reviewer Agency/Office/Phone and Fax Numbers Date EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete. Page#1 DocuSign Envelope ID: 93D3B932-A361-4A88-B8A8-CE07BAB2CD6A 12/12/2022 12/12/2022 NPDES yr/mo/day 22/03/03 Inspection Type C3111218 1 Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary) Lauren Armeni, with the Asheville Regional Office, conducted a Compliance Evaluation Inspection of the single-family wastewater disposal system that services 5718 Georgia Road on March 3, 2022. This inspection was conducted to determine if the system is being operated and maintained in compliance with General NPDES Permit No. NCG550000. Prior to the inspection, Ms. Armeni was unable to get in touch with the current owner of the business associated with the property. According to the Macon County GIS, the property was purchased by Mendoza Tree Expert in 2019. Ms. Armeni attempted to contact someone affiliated with the business via email and phone, but did not hear back. During the inspection, Ms. Armeni could not locate any system components, and no paperwork was provided since the owner could not be contacted. The back portion of the property near the river could not be accessed since it was fenced off and locked. Permit: The current owner is not listed as the Permittee. Please fill out the provided Change of Ownership form and submit per instructions on the form. Additionally, the Certificate of Coverage (CoC) is currently expired because annual permit fees are past due. The past due invoices have been provided and need to be paid in order to retain this CoC. The following violations were noted during the inspection: 1. Septic Tank: The septic tank could not be located and no maintenance records were available. 2. Effluent Pipe: The effluent pipe could not be located. 3. Effluent Sampling: It is unclear whether or not the system discharges and if effluent sampling is being conducted since the effluent pipe could not be located and the owner could not be contacted. NCG550866 17 (Cont.) Page#2 DocuSign Envelope ID: 93D3B932-A361-4A88-B8A8-CE07BAB2CD6A Permit:NCG550866 Inspection Date:03/03/2022 Owner - Facility: Inspection Type: 5718 Georgia Rd. Compliance Evaluation Permit Yes No NA NE (If the present permit expires in 6 months or less). Has the permittee submitted a new application? Is the facility as described in the permit? # Are there any special conditions for the permit? Is access to the plant site restricted to the general public? Is the inspector granted access to all areas for inspection? The current owner is not listed as the permittee and annual fees have been overdue for the past three years. The back portion of the property was fenced off and I could not access it. See summary for details. Comment: Operations & Maintenance Yes No NA NE Is the plant generally clean with acceptable housekeeping? Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable Solids, pH, DO, Sludge Judge, and other that are applicable? The property is occupied by Mendoza Tree Expert, and no one associated with the business could be contacted prior to the inspection. No treatment units could be located. Comment: Septic Tank Yes No NA NE (If pumps are used) Is an audible and visual alarm operational? Is septic tank pumped on a schedule? Are pumps or syphons operating properly? Are high and low water alarms operating properly? The septic tank cover could not be located. The owner could not be contacted prior to the inspection, therefore no maintenance records were obtained. Comment: Effluent Pipe Yes No NA NE Is right of way to the outfall properly maintained? Are the receiving water free of foam other than trace amounts and other debris? If effluent (diffuser pipes are required) are they operating properly? The effluent pipe could not be located during the inspection. The back portion of the property was fenced off and locked. Comment: Effluent Sampling Yes No NA NE Is composite sampling flow proportional? Is sample collected below all treatment units? Is proper volume collected? Page#3 DocuSign Envelope ID: 93D3B932-A361-4A88-B8A8-CE07BAB2CD6A Permit:NCG550866 Inspection Date:03/03/2022 Owner - Facility: Inspection Type: 5718 Georgia Rd. Compliance Evaluation Effluent Sampling Yes No NA NE Is the tubing clean? # Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees Celsius)? Is the facility sampling performed as required by the permit (frequency, sampling type representative)? The owner could not be contacted prior to the inspection, therefore no annual sampling records were provided. Comment: Page#4 DocuSign Envelope ID: 93D3B932-A361-4A88-B8A8-CE07BAB2CD6A